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Ex. DUT-HI-016 Standing duty Primary source read

For Our Rights v. Ige, No. CAAP-21-0000024, Opinion of the Court (Haw. Ct. App. Feb. 25, 2022) (for publication)

For Our Rights v. Ige

Intermediate Court of Appeals of the State of Hawaii (published opinion) · Hawaii (Intermediate Court of Appeals of the State of Hawaii) (Court)

The COVID Project

The record

Jurisdiction
Hawaii (Intermediate Court of Appeals of the State of Hawaii) · Hawaii
Level
Court
Authority
HRS chapter 127A, §§ 127A-1, 127A-14, 127A-25, 127A-28, 127A-29, 127A-30 (Supp. 2019)
Issued
2022-02-25 Feb. 25, 2022
Effective
2022-02-25
End
n/a (decision)
In force
Feb. 25, 2022 (no end date recorded; counted as in force for 120 days)
Limitation types
Emergency declarationOther
Addressees
  • persons generally; the Governor (scope of authority)
Character
adjudication
Collection
Standing duties: Hawaii DUT-HI

Operative words

The Emergency Management Act also includes provisions for the enforcement of any rule issued under the Act and punishment including not more than one year of imprisonment and/or a fine of not more than $5,000 for violation of any such rule. See HRS § 127A-28 (Supp. 2019) (regarding injunctions); HRS § 127A-29 (Supp. 2019) (regarding misdemeanor penalties for violations).

Penalty

recognizes HRS § 127A-29 misdemeanor penalties and HRS § 127A-28 injunctions as the enforcement of every rule adopted under the Act

What it required

Hawaii's appellate court held that the Emergency Management Act confers 'comprehensive powers,' that HRS § 127A-14(a) 'authorizes the Governor to declare the existence of a state of emergency whenever, in his or her sole judgment, he or she finds that circumstances giving rise to a declaration of a state of emergency have occurred... regardless of whether a prior emergency proclamation has been issued based on the same, continuing, and/or otherwise related circumstances,' and that the Act's rules are enforced by injunction and by misdemeanor penalties of up to $5,000 and one year; the successive COVID-19 proclamations were therefore lawful exercises of the Act. Character as recorded: adjudication (order_penalty layer).

Retrieval note

Pins (slip opinion): at 2 (holding); at 11-13 (HRS § 127A-1 policy: 'to provide for and confer comprehensive powers for the purposes stated herein. This chapter shall be liberally construed to effectuate its purposes'); at 18 (enforcement and penalties); at 19 (holding on § 127A-14(a)). The decision post-dates the period and is cited for its statement of the standing law as it stood in Supp. 2019, which is the text in force in every quarter.